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(영문) 수원지방법원 2014.12.24 2014고정2710
근로기준법위반등
Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in this case, as to B and C.

Reasons

Punishment of the crime

The defendant is a representative of LM corporation located in Suwon-gu L, who runs the land cargo transport business using 66 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the wages of KRW 1,900,000 on February 1, 2014, which had worked from August 1, 2013 to March 1, 2014 at the above workplace, within 14 days from the date of retirement, which is the date of the occurrence of each cause for payment, without agreement between the parties on the extension of each payment date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning N police statements;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Each subdivision of a public action period under Article 59 (1) of the Criminal Act (i.e., a fine of 300,000 won, and a penalty of 100,000 won per day: 1,000 won per day: Consideration of a substitute payment has been paid to N);

1. The Defendant in this part of the facts charged is an employer who runs the land cargo transport business using 66 full-time workers as a representative of LM companies located in Suwon-gu, Suwon-si.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, at the above workplace, worked from February 17, 2013 to March 31, 2014 at G 1.6 to January 16, 2014.

2. 15) The wage balance of KRW 700,000, and March 16, 2014 (3. 16~6)

3.31. The payment of wages of KRW 722,580, and of KRW 1,448,030, in total, shall not be made.

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